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HomeMy WebLinkAboutTC Res 2010-09-01 (2)RESOLUTION NO. 48-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING FINDINGS RELATING TO THE APPROVAL OF THE PARENTE VISTA SUBDIVISION PRECISE DEVELOPMENT PLAN PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ASSESSOR PARCEL NO. 038-111-16 Section 1: Introduction WHEREAS, on October 6, 2004 the Town Council of the Town of Tiburon adopted Resolution No. 51-2004 certifying that the Final Environmental Impact Report (FEIR) for the Parente Vista Subdivision Project was completed in compliance with the California Environmental Quality Act and local CEQA guidelines. WHEREAS, an Addendum to the FEIR, dated March 2010, was prepared to evaluate a revised two-lot project design. This Addendum was considered by the Planning Commission at a duly noticed public hearing on the project on June 23, 2010 and was considered by the Town Council at a duly noticed public hearing on July 21, 2010. WHEREAS, the EIR identified certain significant environmental impacts caused by the Parente Vista Subdivision Precise Development Plan Project and recommends specific mitigation measures to reduce certain of these impacts to a less-than-significant level and the Town Council has certified the EIR as being adequate according to CEQA and has reviewed and considered the information in the EIR, the EIR Addendum, and the entire record; therefore, the Town Council makes specific findings, as follows, for each significant impact, pursuant to CEQA 21081, based not only on the EIR, but evidence in the entire record, including written and oral testimony to the Planning Commission and Town Council. Section 2: Location and Custodian of Documents The Recording of Proceeding ("Record") upon which the Town Council bases these findings and its actions and determinations regarding the proposed project includes, but is not limited to: The Final EIR which consists of the Parente Residential Development Draft Environmental Impact Report (September 2001); the Parente Residential Development Final Environmental Impact Report Response to Comments Document (June 2002); the Parente Vista Subdivision EIR Addendum (February 2009); Parente Vista Subdivision EIR Addendum No. 2 (April 2010); and plus the appendices and technical reports cited in and/or relied on in preparing the Final EIR and Addendums. Town Council Resolution No. 48-2010 091112010 2 All staff reports, Town files and records and other documents, prepared for and/or submitted to the Planning Commission, Town Council and/or Town staff relating to the Final EIR, addendums, and/or the proposed project. The location and custodian of the Record is the Town of Tiburon Community Development Director, 1505 Tiburon Boulevard, Tiburon, California, 94920. Section 3: Significant Impacts Which Can Be Mitigated To A Less-Than-Significant Level The FEIR indicates that certain significant environmental impacts will or may result from approval of the proposed project. The FEIR concluded that each of these significant impacts can be mitigated to a less-than-significant level. In response to those significant impacts so identified in the FEIR discussed in this Section 3, alterations have been required to the proposed project or mitigation has been incorporated into or imposed on the project which will avoid or substantially lessen each significant environmental impact identified in this section. The Town Council hereby finds that each and every mitigation measure identified in this section is feasible and has been imposed on or incorporated into the proposed project, and the Town Council further finds that the significant impacts described in this section have been reduced to a less-than-significant level by incorporation of these mitigation measures. The Town Council adopts the findings contained herein. Geology and Soils Impact 3.1 A Project development could result in landsliding. Facts and Evidence In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail due to existing landslides on the site. This would constitute a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with landslides will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.1-A.1 to 3.1-A.4. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.1-A.1 to 3.1-A.3 include specific measures to repair existing landslides and properly construct improvements so that future homes and other improvements would not fail and that landslides would be stabilized consistent with the Town's Landslide Repair Policy. Mitigation Measure 3.1-A.4 requires ongoing Town Council Resolution No. 48-2010 091112010 2 maintenance of the landslide debris barrier that will be installed on Lot 2 to ensure that it functions properly and protects off-site property. Impact 3.1-B Site soils could constrain future development of the site. Facts and Evidence In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail due to weak colluvial soils and expansive soils. This would constitute a potentially- significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with soil constraints will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.1-B.1 and 3.1-B.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.1-B.1 and 3.1-B.2 include specific measures to ensure design and construction take into account and fully mitigate soil constraints on the site. Impact 3.1-C Seismic events could result in damage to buildings and threats to human lives. Facts and Evidence In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail due to seismic activity in the. This would constitute a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with seismic activity will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.1-C.1 and 3.1-C.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.1-C. I and 3.1-C.2 include specific geotechnical design measures so that all proposed improvements are constructed to withstand probable seismic activity at the site. Toivn Council Resolution No. 48-2010 09111 /2010 3 Hvdrolog l Impact 3.2-A Project development and use will increase runoff during peak storm events. Facts and Evidence In Section 3.2 (Hydrology) the EIR found that the project would increase runoff from the site and cause flooding downstream of the site. This would constitute a potentially_ significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with downstream flooding will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.2-A.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale The project has been redesigned to eliminate this impact. Mitigation Measure 3.2-A.l requires final approval of the proposed drainage plan by the City to ensure that the proposed design is implemented. Impact 3.2-B Project development will increase soil erosion. Facts and Evidence In Section 3.2 (Hydrology) the EIR found that grading and runoff from the project could cause result in erosion. This constitutes potentially significant erosion and sedimentation impacts. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts on erosion and downstream sedimentation will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.2-B.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale This mitigation requires conformance with an Erosion Control Plan. Implementation will be confirmed by the Town Engineer. This ensures that erosion will not significantly affect streamcourses downstream of the site. Town Council Resolution No. 48-2010 091112010 4 Impact 3.2-C Project development and use will decrease water quality. Facts and Evidence In Section 3.2 (Hydrology) the EIR found that runoff from the project's impervious surfaces would collect airborne and other pollutants and transport them to receiving streams. This constitutes a potentially significant impact to water quality. Finding Based upon the EIR and the entire record, the Town Council hereby finds that water quality impacts will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.2-C.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale This mitigation requires the applicant to educate future lot owners about appropriate measures to control pollution from leaving the site. Because public education is a critical component of pollution prevention and water quality protection, this mitigation will reduce the impact. Biological Resources Impact 3.3-A Construction of the project will displace existing site vegetation. Facts and Evidence In Section 3.3 (Biological Resources) the EIR found that the project grading and construction would remove a number of trees, shrubs, and other native vegetation. The proposed landscaping plan that includes planting replacement trees and shrubs focuses on the use of non-native species, and it has limited monitoring and follow-up guidelines. The inadequacy of the landscaping plan constitutes a potentially significant biological impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that the impacts to native vegetation will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.3-A.1 to 3.3-A.3. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.3-A.1 to 3.3-A.3 require planting of native trees, shrubs, and grasses and establish a clear monitoring and replacement program to ensure long-term Town Council Resolution No. 48-2010 091112010 5 site restoration. These new plantings will mitigate for the loss of native vegetation on the site. Impact 3.3-B Construction of the project will displace wildlife habitat. Facts and Evidence In Section 3.3 (Biological Resources) the EIR found that the project construction would displace wildlife habitat. The loss of habitat needed by native wildlife constitutes a_ potentially significant biological impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that the impacts to wildlife will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.3-B.1 to 3.3-B.3. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.3-B.1 to 3.3-B.3 require revegetation of the landslide repair area; retention of a wildlife corridor along the north property line; and long-term removal of the non-native broom plants on the site. These measures will provide adequate wildlife travel corridors and a substantial amount of wildlife habitat on the site. Cultural Resources Facts and Evidence In Section 3.4 (Cultural Resources) the EIR found that the project grading and construction could damage cultural resources that are currently hidden below the surface. The inadequacy of the landscaping plan constitutes a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that the impacts to possible cultural resources will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 1 to 6 on page 47 of the EIR Addendum. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 1 to 6 are standard mitigations to record and, if warranted, protect any significant cultural resources uncovered during site grading. The mitigation measures also ensure that any human remains that are uncovered are properly treated per Town Council Resolution No. 48-2010 091112010 6 State law. Traffic and Circulation Impact 3.5-C The use of Parente Road will create a safety impact. Facts and Evidence In Section 3.5 (Traffic and Circulation) the EIR found that the original project's proposed use of Parente Road for access would cause a significant safety impact. The certified FEIR recommended use of Antonette Drive and identified significant safety impacts of using that road. The revised project includes use of Antonette Drive and not Parente Road. There would be potentially significant traffic safety impacts associated with use of this road for project access. Finding Based upon the EIR and the entire record, the Town Council hereby finds that the safety impacts of using Antonette Drive will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.5-C.1 and 3.5-C.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.3-A.1 requires widening of the south end of Antonette Drive while 3.5-A.2 prohibits parking along the street except where there is adequate off-road space allowing people to park off the travelway. These improvements would reduce the risk of accident due to inadequate sight lines. Impact 3.5-D Construction traffic will affect roadway safety and may impact pavement condition. Facts and Evidence In Section 3.5 (Traffic and Circulation) the EIR found that project construction traffic would damage pavement and cause traffic congestion. This constitutes a potentially significant traffic impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that construction traffic impacts will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.5-D.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Town Council Resolution No. 48-2010 091112010 7 Rationale Mitigation Measure 3.5-D.l requires development and compliance with a construction traffic control plan and roadway (pavement) mitigation plan. This plan will limit construction traffic hours and parking and require pavement repair where warranted. Aesthetics Impact 3.6-A Site development will alter views in the area. Facts and Evidence In Section 3.6 (Visual Quality) the EIR found that project improvements would have a potentially significant impact on views in the area. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will be mitigated to a less-than- significant level by the imposition of Mitigation Measures 3.6-A.1 through 3.5-A.5. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.6-A.1 requires undergrounding of utilities. Mitigation Measure 3.6-A.2 states that during design review, the Town shall consider reducing the size of structures and building envelopes on Lot 2 to be consistent with the size of other residences in the area. Mitigation 3.6-A.3 requires outdoor lighting to be designed to prevent light trespass off the site. Mitigation Measures 3.6-A.4 and 3.6-A.5 require additional landscaping to screen views from neighboring homes. The mitigation measures will reduce the impact on views from surrounding vantage points. Impact 3.6-B Headlights from vehicles accessing the site at night will affect a nearby residence. Facts and Evidences In Section 3.6 (Visual Quality) the EIR found that vehicles accessing Lot 2 would have a potentially significant lighting impact on a neighboring home. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will be mitigated to a less-than- significant level by the imposition of Mitigation Measure 3.6-B.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which Town Council Resolution No. 48-2010 091112010 8 mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.6-B.l requires landscape screening to screen headlights so that the light does not intrude into the neighboring residence. Noise Impact 3.7-A Project construction could adversely affect neighboring residents. Facts and Evidence In Section 3.7 (Noise) the EIR found that project construction could have a potentially significant noise impact on nearby neighbors. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the noise impact will be mitigated to a less-than- significant level by the imposition of Mitigation Measures 3.7-A. I to 3.7-A.6. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.7-A.l to 3.7-A.6 limit construction hours; require use of "quiet" construction equipment and muffling of engines; prohibit unnecessary idling of engines; and provide for a noise disturbance coordinator who can address any noise concerns expressed by nearby residents. Impact 3.7-B Future use of the project will generate noise. Facts and Evidence In Section 3.7 (Noise) the EIR found that project occupancy could have a potentially significant noise impact on nearby neighbors. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the noise impact will be mitigated to a less-than- significant level by the imposition of Mitigation Measures 3.6-A.3 to 3.6-A.5. Accordingly, changes or alterations have been required in, or incorporated into, the Town Council Resolution No. 48-2010 091112010 9 proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.6-A.3 to 3.6-A.5 require installation of extensive landscaping between areas of intense outdoor activity and nearby homes, which will buffer the noise generated by recreational uses on the site. Air Quality Impact 3.8-A Project development will emit pollutants into the air. Facts and Evidence In Section 3.8 (Air Quality) the EIR found that construction activities, including grading would generate dust into the air. This is a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that construction period impacts due to dust will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.8-A.1 through 3.8-A.9. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Implementation of Mitigation Measures 3.8-A.I through 3.8-A.9 require the applicant to implement dust control measures. These dust control measures include preventing visible dust clouds from extending beyond construction sites; watering all active construction areas at lest twice daily and more often during windy period; and covering all hauling trucks or maintaining two feet of freeboard. Public Services Impact 3.9-A The project will increase the demand for potable water. Facts and Evidence In Section 3.9 (Public Services) the EIR found that unless the project were constructed to meet all Marin Municipal Water District requirements, it would have a potentially significant impact on water supply. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the water supply impact will be mitigated to a less-than- Town Council Resolution No. 48-2010 091112010 10 significant level by the imposition of Mitigation Measure 3.9-A.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.9-A.1 requires that the project comply with all MMWD requirements for water entitlement, water conservation, and pipeline extension. Impact 3.9-B The project will increase the demand for fare protection services. Facts and Evidence In Section 3.9 (Public Services) the EIR found that residences on the project site would increase the demand for fire protection services. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the public service impact will be mitigated to a less-than- significant level by the imposition of Mitigation Measures listed under Impact 3.9-B (page 64 of the EIR Addendum). Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale These mitigation measures ensure that the project shall comply with all pertinent requirements of the Uniform Fire Code and Ordinance No. 117 of the Tiburon Fire Protection District regarding access, hydrant location, fireflow, secondary emergency access, and other construction and access requirements. Impact 3.9-C The project site is susceptible to wildfire. Facts and Evidence In Section 3.9 (Public Services) the EIR found that residences on the project site would be subject to wildland fires. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the wildfire hazard impact will be mitigated to a less- than-significant level by the imposition of Mitigation Measures 3.9-C.1 to 3.9-C.3. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Town Council Resolution No. 48-2010 091112010 11 Rationale Mitigation Measures 3.9-C.1 to 3.9-C.3 ensure that the project shall comply with all pertinent fire hazard reduction requirements of the Tiburon Fire Protection. Fire prevention measures will be implemented throughout the construction phase. Impact 3.9-E The project will increase the demand for wastewater collection, treatment, and disposal. Facts and Evidence In Section 3.9 (Public Services) the EIR found that residences on the project site would generate additional wastewater. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the impact to wastewater facilities will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.9-E.1 and 3.9-E.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.9-E.1 and 3.9-E.2 ensure that the project shall comply with all Sanitary District No. 2 requirements for new sewer hookups. Impact 3.11-A The project will use energy to construct and operate. Facts and Evidence In Section 3.11 (Other Factors) the EIR found that construction of the project and subsequent residential use of the residences would require the use of energy and emit greenhouse gases. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the energy and greenhouse gas impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.11-A. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Town Council Resolution No. 48-2010 091112010 12 Rationale Mitigation Measure 3.11-A reduces project energy use. In combination with the Town's Green Building Requirements, the mitigation reduces the impact to a less-than-significant level. Section 4: Impacts Found Not To Be Significant During the CEQA scoping process applied to the project, some environmental impacts were dismissed with a "Less-Than-Significant Impact" response on the Initial Study, on the ground that there was no fair argument that such impacts would occur. The Town Council finds that there is no substantial evidence in the record that the decisions made in the EIR or EIR Addendum to dismiss such impacts was erroneous, nor is there substantial evidence that any impact that might occur has not been adequately examined in the EIR. Additionally, the Town Council finds, based on the EIR and the record that the following impacts identified in the EIR are less-than-significant and do not require mitigation. Impact 3.1-D Project grading will alter the topography of the site. Impact 3.5-A The project will generate 27 new trips per day. Impact 3.5-B Cumulative traffic volumes will not result in unacceptable levels of service at nearby intersections. Impact 3.9-D The project will increase the demand on schools. Impact 3.9-F The project will increase the demand for police services. Impact 3.9-G The project will generate solid waste. Impact 3.10-A The project will alter land use patterns in the area. Section 5: Alternatives Alternatives to the proposed project are discussed in the EIR at pages 107 to 116 of the Draft EIR and pages 101 & 102 of the EIR Addendum No. 2. The following alternatives were examined: • No Development Alternative • One-Lot Alternative • Two-Lot Alternative • Three-Lot Alternative • Four-Lot Alternative • Modified Five-Lot Alternative • Five-Lot Project as proposed, with EIR-recommended mitigation measures • Five-Lot Project as proposed Town Council Resolution No. 48-2010 091112010 13 As the two-lot project has been determined by the EIR and its addendums to be a mitigated project requiring no statement of overriding considerations, CEQA does not require that alternatives to the project be rejected. Section 6: Adoption of Findings The Town Council hereby adopts the Findings of Pact and Rationales as set forth in Sections 1 through 3 of this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on September 1, 2010, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE COPI, TOWN CLERK Town Council Resolution No. 48-2010 091112010 14